GENERAL CONDITIONS OF SALE +
Last updated on September 21, 2019.
I- APPLICATION OF THE TERMS AND CONDITIONS OF SALE
These general conditions of sale apply to all orders placed on the website orpheeshop.com by any user. In particular, they are intended to inform the Customer of the terms and conditions for placing an order online, delivery of the products subject to his order and the conditions for returning and refunding the products ordered. These Conditions are applicable without restriction or reservation to all products offered for sale on the Site. Any order of one or more products on the site implies the consultation and the unconditional acceptance on the part of the Customer, these Conditions and the applicable prices.
These Terms prevail over any other document. Orphée Shop SAS reserves the right to modify these Terms at any time. Such changes will be effective as soon as they are visible on the Site. If you continue to use the Site after such changes, this will constitute your acceptance of the new terms and conditions of sale. It is therefore important to consult the Terms regularly in order to know the latest updates. If you do not agree to these changes, please stop using the Site immediately. The conditions applicable to any order are those in force at the time of the order. Any buyer on the Site is deemed to have read and accepted in full these Conditions before the validation of his order.
II- SITE AND ACCESSIBILITY OF THE SITE
www.orpheeshop.com is an e-commerce site that belongs to the company "Léa Vaufredaz", whose head office is located at 30 Passage de l'Arche - 92800 PUTEAUX (France) registered at the RCS Paris under number SIRET 832 600 175. The Site is published by the Company and hosted by Wix.
III- AVAILABILITY OF PRODUCT
You can buy our products within the limit of available stock, and offers remain valid as long as they are visible on the Site. We reserve the right, at any time, to remove any product for sale on the Site. In the event of unavailability of product after validation of your order, we will inform you by email quickly. We will then offer you a new deadline or an equivalent product or the refund of this article.
Products sold by the Site are identified by one or more photos, a descriptive text in French and a price in euros. The photographs made for the Site are intended to be as faithful as possible to the products sold. However we can not ensure a perfect similarity between photos and articles because the colors returned may vary from one computer to another. Thus the photographs are presented for information only and are not contractual. Textile prints are not made in series but in a traditional way and the density of color and the placement of patterns may vary from one article to another. The products remain the property of the Site until full payment of the price.
All prices are quoted in euros all taxes included and are calculated as accurately as possible. The brand reserves the right to modify the prices of products sold on the Site at any time without notice. The price of products sold on the Site does not include: The shipping costs of the products of the order or any additional costs that will be indicated to the Customer at the latest at the time of payment of the order.
The shipping costs vary depending on the delivery address, the weight and volume of items, and are specified as and when the order in your shopping cart. In case of order to another country than metropolitan France you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. The Company is not liable for these rights and amounts, they will be your responsibility and will be your responsibility both in terms of declarations and payment to the competent authorities and bodies of your country. We advise you to find out about these aspects from your local authorities.
VI- TERMS OF ORDER
1- Prerequisites To place an order for products within the Site, the Customer is informed that he must:
Be at least 18 years old
To be legally able to make purchases of ordered products
Hold the credit card used to pay the order or, failing this, be duly authorized to use it to pay for the order.
The Customer guarantees that the Company fulfills all these conditions and that the bank account associated with the payment method used within the Site to pay for his order is sufficiently stocked to satisfy his obligation to purchase.
2- Order process The Customer can select as many Products as he wants to add to the basket (the "Cart"). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validating his Order. The validation is proof of the validation by the Customer of the totality of the order and of the exigibility of the sums due in execution of the said order, as well as the full and unreserved acceptance of the entirety of the present Conditions and the quote relating to the order. A confirmation email including the invoice will be sent to the Customer. For this purpose, the Customer formally accepts the use of e-mail for the confirmation of the content of his Order and to receive his invoice by dematerialized way. All the data provided by the customer throughout the placing of the order and the confirmation by the Company of the registration of the order will be worth proof of the transaction. The order is final only from the complete payment of the price of the order by the Customer.
Any order made on the Site must be paid at the time of the order. The execution of the order takes place only after full payment by the Customer of the amount of his order. Payments are made online using a secure online payment system. Orders can be paid by credit card, via Paypal. The execution of the order will be carried out after agreement of the bank payment center. In case of agreement of the latter, the account will be immediately charged and the order validated. In case of refusal the order will be canceled.
Please note that there is no obligation to hold a Paypal account to make a payment. You can directly pay on the Paypal platform with your credit card (visa, Mastercard, AMEX). The receipt of the confirmation email from the Company confirms the assumption of your order. The confirmation by email of the electronic payment acts as an invoice. The date of validation of the order corresponds to the date of payment by credit card online.
After your order, you will receive a confirmation by e-mail. Orphee Shop works with very little stock and each piece is made to order, apart from jersey pieces (t-shirts & sweatshirts). The delivery time can be between two days and two weeks, depending on the number of orders and the work overload. The maximum delivery time is 2 weeks from the day of the order. Orders are sent by post via Colissimo with tracking. You will receive an email the day of delivery with the tracking number of your order. Each creation will be wrapped in its tissue paper in a solid carton.
The products are delivered at the Customer's expense, at his place of residence or at the address indicated by the Customer during the ordering process. It is the responsibility of the Customer to verify the accuracy of the information mentioned during the order.
From the dispatch of the order, the average delivery times are as follows:
2 to 5 working days in Colissimo for France
5 to 10 working days in international Colissimo - coming soon
Delivery may be delayed for reasons beyond our control. In this case, we undertake to keep the Customer informed of the situation.
The Customer is informed that the delivery of the products is carried out by Colissimo and consequently authorizes the Company to transmit his personal data to Colissimo in order to allow the latter to forward its Order to the delivery address that he has filled in. when placing an order. The Customer receives via an e-mail from Colissimo the tracking number assigned to the package, to track the delivery process of his order. If the Customer is absent during the delivery, a notice will be placed in the mailbox. We do not accept any liability for loss, theft, damage or delay in delivery due to errors or disruptions by carriers.
IX- RIGHT OF RETRACTION
In accordance with the provisions of articles L121-21 and following of the Consumer Code, the buyer has a right of withdrawal for any reason whatsoever and will have only the shipping costs at his expense. The law allows the buyer to have 14 days from delivery of the product to do so. If the deadline expires on a Saturday, Sunday, holiday or other holiday, it is extended the next business day.
Beyond, Orphee Shop will be free to refuse return or refund. Your requests should be sent to email@example.com or via the form's website. The return or exchange of items will be accepted only if the ordered items are returned in perfect condition, unused or damaged or if they are manufactured with your exclusive measures so that they can not be resold after their return.
The Company can not be held responsible for any loss or damage occurring during transport, it is recommended that the Customer use a tracking service. In case of loss or damage during transport, the Customer must contact his carrier directly. If the items are not received at the address indicated above, the Company will not be able to process the return.
All products sold on the Site benefit from the following legal guarantees:
A- Legal guarantee of conformity
In accordance with Article L211-4 of the Consumer Code "The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.It also responds to the lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was charged to it by the contract or was carried out under its responsibility. " In accordance with Article L211-5 of the Consumer Code "To be in conformity with the contract, the property must: be fit for the usual use of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling. or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. " In accordance with Article L211-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the property."
B- Warranties of hidden defects
In accordance with article 1641 of the Civil Code: "The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them. " In accordance with Article 1648 of the Civil Code, paragraph 1: "The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "
XI- PERSONAL DATA AND COOKIES
Orphee Shop is committed not to reveal to others that the information that you communicate to him. The user has a right to access, modify, rectify and delete data concerning him. To exercise this right, the Customer must send an email to firstname.lastname@example.org indicating in the subject of the email "Modification personal data".
XII- INTELLECTUAL PROPERTY
All intellectual property rights of the Site and its contents belong exclusively to the Company. Any reproduction, use or partial or total modification of any element of the Site, in any form whatsoever, may not be carried out without the express authorization of the Company, which reserves the right to initiate proceedings for intellectual property.
The Customer is granted a limited license, including the viewing and use of the Site in a personal capacity, and excluding the ability to download or modify the content, in whole or in part, without the express written consent of the Customer. Society. This license excludes any use of the Site for commercial or resale purposes, any retrieval and use of descriptions or prices of products, any use derived from the Site or its contents, or any use of data mining tools, robots indexing or data collection and retrieval tools. It is prohibited to reproduce, duplicate, copy, sell, or in any other way exploit all or part of the Site for commercial purposes without express written permission. It is prohibited to use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layouts or forms) belonging to the Company without express written permission. It is forbidden to use meta tags or any other "hidden text" using the name or trademark without express written permission.
The Company can not be held liable for any direct or indirect damage that may result from access to the Site or the use of the Site and / or its information including inaccessibility, loss of data, damage, destruction or viruses. that could affect the Customer's computer equipment and / or the presence of viruses on the Site. We strive to provide reliable content on the Site, however, and despite our best efforts we can not guarantee that the Site is free from inaccuracies or omissions and we will not be liable for any errors or omissions, lack of availability of information and services.
XIV- APPLICABLE JURISDICTION
The sale of products sold on the Site is subject to French law. The terms and conditions of sale, as well as the contractual relationship between the Customer and the Company are governed by French law. Parties accepting the jurisdiction of the Courts of Paris for any subsequent or related proceedings.
For any questions regarding online product orders, please email us at email@example.com. We will do what is necessary to answer you as quickly as possible.